Rivers State 27 lawmakers floor Gov Fubara on 2024 budget presentation

…As S’Court dismisses appeal ,awards N4m cost against Fubara in favour of Amaewhule, Rivers State House of Assembly

BY ANDREW OROLUA

The Supreme Court on Monday dismissed the appeal by Rivers State Governor, Mr Siminalayi Fubara challenging the judgement ordering him to represent the state’s 2024 appropriation before the faction of the State House of Assembly led by Rt Hon. Martin Amaewhule.

A five-member panel of justices of the apex court led by Justice Uwani Musa Aba-Aji, dismissed the appeal shortly after it was withdrawn by Fubara’s lawyers led by Mr Yusuf Ali, SAN.

Recall that both the Federal High Court and Court of Appeal had in their separate judgements faulted Fubara’s presentation of the 2024 appropriation before a five member house of assembly led by Rt Hon. Edison Ehie.

Fubara had predicated his decision to present to the Ehie led House of Assembly on the grounds that the Amaewhule-led faction having defected from the People’s Democratic Party (PDP) to the All Progressives Congress (APC) ceases to be lawful members of the state assembly.

But, both the two lower courts held that he cannot present the budget before a five member house of assembly, especially when he did not present any evidence that the faction of Amaewhule 27 lawmakers defected from the PDP to the APC.

Displeased with the judgements of the two lower courts, Fubara had last year approached the apex court for an order setting aside the concurrent judgements ordering him to represent the budget to the Amaewhule-led faction.

However, when the matter came up on Monday, Ali informed the five-member panel of justices of a notice of withdrawal filed on February 6, seeking to withdraw the appeal on the grounds that, “the appeal has been overtaken by events”.

Responding, Wole Olanipekun, SAN, who represented Rivers State House of Assembly and Amaewhule, 1st and 2nd respondents respectively and Chief Joseph Daudu, SAN, who represented 3rd to 12th respondents (National Assembly and the leadership), while stating that they are not opposed to the withdrawal, pointed out that since issues have been joined by all parties, the proper thing for the court to do is to dismiss the appeal instead of striking it out.

READ ALSO: Ekiti debunks imposition of multiple taxation

Besides, Olanipekun and Daudu asked for a cost of N2 million for each of their clients.

In a short ruling, Justice Aba-Aji, granted the application and dismissed the appeal.

She also granted the request for cost of N2 million in favour of the 1st to 12 respondents.

Recall that Court of Appeal, Abuja division, last year in its judgement affirmed Martin Amaewhule as the recognised Speaker of the Rivers State House of Assembly.

A three-member panel of the Court of Appeal, in a unanimous decision, dismissed the appeal filed by the Rivers State governor, Siminalayi Fubara, for lacking in merit.

The appellate court firmly upheld the January 22 judgment of the Federal High Court, delivered by Justice James Omotosho, which nullified the 2024 N800 million Rivers State budget of renewed hope on the grounds that it was not presented before members of the State Assembly as required by law. The court admonished Governor Fubara for not adhering to the rule of law in his actions.

The Court of Appeal also held that Governor Fubara’s decision to present the 2024 Rivers State Appropriation Bill to only four out of 31 members of the Assembly constituted a gross violation of the 1999 Constitution, as amended.

The appellate court further determined that the withdrawal of the counter-affidavit Fubara initially filed to challenge a suit instituted by the Amaewhule-led lawmakers to be recognised as valid members of the Rivers State House of Assembly indicated his agreement with the claims filed against him.

“Now the position of the appellant is further made obtainable by his position and trend the record of appeal shows on pages 1209 and 1210 that learned counsel for the appellant Mr Imafidon, withdrew all the processes filed by the appellant to contest the action and thereby conceded reaction.

“It is the law that a party must be consistent in the presentation of his case and cannot approbate and reprobate by chasing his disposition Willy Lilly in the course of litigation exercise.

“A party cannot approbate and reprobate at the same time, the appellant cannot seek for one thing at the lower Court and be seeking for another incongruent and parallel thing in this Court. Can the law permit him to blow hot and cold at the same time?

“The challenges faced by the appellant in this appeal are self-inflicted and try as one may, it is impossible to see the utilitarian value to be achieved by filing this appeal after withdrawing all processes contesting the action at the lower Court and thereby conceding the action. It seems to be purely academic for a party to concede to an action at the lower Court and then turn around to challenge the same action without any indication of fraud in the presentation of the earlier concession.”

The court ordered Fubara to represent the budget of the State to the House under the recognised Speaker (Amawhuele) as contained in Justice Omotosho’s judgement.

The court also stopped him from withholding the House of Assembly fund and removing the Clerk and Deputy Clerk from the House.

Justice Oyewole proceeded to dismiss his appeal, saying, “In a constitutional democracy the foundation of every act must be located in the Constitution. Autocracy is out of place in the constitutional democracy. I therefore resolve this issue against the appellant and in favour of the 1st and 2nd respondent.

“In totality, therefore, this appeal is bereft of merit and it is accordingly dismissed. The judgement of the lower Court is hereby affirmed. N500,000 cost is awarded in favour of each of the 1st to 12th respondents respectively and against the appellant.”

In his contribution to the judgement, Justice Okon Abang, agreed with Justice Oyewole’s decision and stated that the appellant cannot appeal the decision of the trial Court since he did not counter it and this mean that he has accepted it to be true and the Court of law can act on it.

He further admonished the governor for frustrating Amaewhule from carrying out his duties adding that he is using his executive powers to act in might which is not acceptable in a democratic setting

He said, “The appellant the governor of Rivers State treated the Court order with disdain, levity and subject to the discharge of his function in an unprecedented manner. I agree with the 1st and 2nd respondent counsel that these are acts of executive lawlessness.

“The rule of might has no place in a democratic setting. Having sworn to uphold the provisions of the constitution, the appellant was and is expected to in his relationship with the 1st and 2nd respondents, apply the rule of law, not the rule of might in matters affecting the discharge of his function as the governor of Rivers State.

“The appellant’s show of force and might is heavily demonstrated in the 1st and 2nd respondents’ unchallenged deposition of paragraphs 1 to 10 of the affidavit in support of the motion on notice filed by the first and second respondents.

“Any gathering purporting to be Rivers State House of Assembly, led by any other person other than the 2nd respondent, sits in violations of the order delivered by the trial Court dated December 7, 2023 and that person acts in vain.”

Recall that the trial court judge , James Omotosho of the Federal High Court in Abuja had in his judgement held that the N800 billion budget presented by Fubara to the four lawmakers was invalid as it was not properly presented before the Rivers State House of Assembly as required by the law.